The Company currently offers a mobile alert program (the “Alert Program”) and the supplemental terms and conditions relating to the Alert Program are set forth below as part of these Terms (the “Program Supplemental Terms”). Except as expressly set forth in the Program Supplemental Terms, these Terms, as supplemented by the Program Supplemental Terms, shall apply to the Alert Program and your use of the Program. In the event of an irreconcilable conflict between a provision of these Terms and a provisions of the Program Supplemental Terms, the provision of the Program Supplemental Terms shall govern and control. The Company may offer other programs from time to time and supplement or modify these Terms to include terms and conditions governing such other programs.
The terms and conditions governing the sale and purchase of products which are purchased at the Sire are governed by our Terms and Conditions of Sale www.airshock.com.
BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE SITE.
GOVERNING LAW; VENUE
The Company controls and operates the Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Nevada. The federal and state court of competent subject matter jurisdiction located in the State of Nevada will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use the Site. If you choose to access the Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in the Site, including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by the Company or its subsidiaries and affiliates or are the property of their respective owners. Permission is only granted to display, copy, distribute, download, and print in hard copy portions of the Site for the purposes of:
(1) placing an order with the Company; or
(2) using the Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of the Company.
Please note that the permission granted herein terminates automatically if you breach any of these Term. Any other use of the Contents on the Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of the Company, is strictly prohibited.
DISCLAIMER OF WARRANTY
THE COMPANY IS PROVIDING THE SITE AND THE CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH THE COMPANY BELIEVES THE CONTENTS TO BE ACCURATE, COMPLETE, AND CURRENT, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ACCESSIBLE ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR YOUR USE, COPYING, OR DISPLAY OF THE CONTENTS. In an effort to provide our customers with the most current information, the Company may, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, your violation of these Terms, and/or your violation of any law or the rights of a third party.
ABOUT OUR PRICES
The prices advertised on the Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged elsewhere. Prices and the availability of items are subject to change without notice. Your purchase price may vary.
The Company reserves the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on the Site and to the products and programs described in such information, at any time without notice.
There may be certain orders that the Company is either unable to accept or must cancel. The Company reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Possible circumstances involving the canceling of an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to the Site or through using or interacting with this Site, or that you otherwise provide to the Company (collectively, "Transmissions") may be used by the Company without obligation to you and that you grant the Company a license to use such Transmission as described below. By submitting any Transmissions to the Company, you represent and warrant that:
1. you are the sole author and owner of the Transmission and any intellectual property rights thereto;
2. all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
3. all Transmissions that you post are accurate;
4. you are at least 13 years old; and
5. use of the Transmission you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any Transmission:
1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party's intellectual property rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation;
4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, company or other entity;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other websites, addresses, email addresses, contact information, phone numbers or any personal or financial information of a third party; or
7. that contains any computer viruses, worms or other potentially damaging computer programs or files.
8. For any Transmission, you grant the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such Transmission into any form, medium, product, service, or technology throughout the world without compensation to you. The Company shall own all derivative works of, modifications to , improvements of any and all new versions of any Transmission that the Company or its agents creat (collectively, “Derivative Transmissions”). To the extent that you have or may have any rights in any Derivative Transmissions, you assign, and agree to assign to the Company, all such right, title and interest in and to all such Derivative Transmission and all intellectual property rights therein. The Company reserves the right to change, condense or delete any Transmission that it deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. The Company does not guarantee that you will have any recourse through the Company to edit or delete any Transmission you have submitted. The Company reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not the Company, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of the Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your Transmission, you agree that the Company and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright(s), you may request such Materials be removed by notification to the Company, or following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, provide the following information:
1. A clear statement identifying the works, or other materials believed to be infringed.
2. A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
3. Sufficient information about the location of the allegedly infringing Materials so that the Company can find and verify their existence.
4. Your name, telephone number and e-mail address.
5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
6. A signature or the electronic equivalent from the Owner or authorized representative.
The Company's agent for notice of copyright or other intellectual property infringement issues on or relating to the Site is:
Air Shock Copyright Agent
Care of Driffin LLC
7366 N Lincoln Ave, Lincolnwood, IL, 60712
Tel: +1 847-677-0055
By using the Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of the Site;
(b) you will not to violate or attempt to violate the security of the Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of the Site.
The Company may revise these Terms by updating them from time to time; provided that no revision to any term or clause of these Terms shall apply retroactively. By using the Site you agree to be bound by the Terms in effect at the time of such visit and you should therefore periodically visit this page to determine the current Terms to which you are bound. You agree that in the event any portion of these Terms is found to be unenforceable, the remainder of these Terms shall remain in full force and effect.
Message & Data Rates May Apply
You acknowledge that any text messages you receive from the Company are distributed via third-party mobile network providers. As a result, the Company cannot control certain factors relating to message delivery. You further acknowledge that neither the Company nor your wireless carrier is liable for delayed or undelivered text messages.
DISPUTE RESOLUTION – With respect to the Program, the terms of this Section replace and supersede the section of the Terms entitled “GOVERNING LAW, VENUE.”
1. Mandatory Arbitration. These Program Terms and your participation in the Program are governed by the laws of the State of Nevada, U.S.A. In the event of any controversy or dispute arising out of or relating to these Program Terms, the parties to such controversy or dispute shall meet and seek resolution in good faith. Any controversy or claim arising out of or relating to the Program Terms, or the breach thereof, which is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between the parties, will be submitted to binding arbitration in accordance with the procedures set forth below.
2. Arbitration Procedure. Any such binding arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and shall be held in the State of Nevada. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Fees and Costs. Each party to any binding arbitration under this provision shall bear its own costs, fees, and expenses of arbitration. However, The Company shall pay all filing and administration fees charged by the arbitrator up to $1,000. If the arbitrator issues an award in favor of the Company, you will not be required to reimburse the Company for these filing and administration fees.
4. Award. The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of these Program Terms. Any and all claims, judgments, and awards entered against the Company shall be limited to your actual out-of-pocket costs incurred, but in no event attorneys fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.
5. Limitation of Other Proceedings and Class Action Waiver. You agree that you will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which is required to be submitted to arbitration pursuant to these Program Terms. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorney fees, costs, and expenses incurred by such other party prior to the entry of such order. Moreover, BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST THE COMPANY REGARDING ANY CLASS ACTION OR CLAIM YOU MAY HAVE AGAINST THE COMPANY, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
6. Opt-out. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION PROVISION AND/OR YOU WAIVER TO PARTICIPATE IN ANY CLASS ACTION BY CONTACTING THE COMPANY AT 1-847-677-0055 WITHIN THIRTY (30) DAYS FROM THE DATE OF OPTING-IN TO THE PROGRAM.
7. Severability. If any provision of these Program Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Program Terms and will not affect the validity and enforceability of any remaining provision.
The Company may change these Program Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Program Terms on the Company’s website or by texting you notification of the changes. Your use of the Program following any changes to these Program Terms will constitute your acceptance of such changes.